Opening the Schoolhouse Door:
The politicians can't stop school choice now

http://www.NewsAndOpinion.com |
The broadly written Supreme Court ruling upholding a school choice program in Cleveland has been a long
time coming. It was back in 1983 that the Education Department issued its "Nation at Risk" report warning of "a
rising tide of mediocrity" in the schools. Two months later, the Supreme Court opened a first crack in the door of
school choice when it declared that states could allow taxpayers with children in private schools to deduct tuition
and other expenses from state income taxes. The ruling represented the high court's final and complete
retreat from the suspicion it once displayed towards school choice and the role religious schools can play in it.

As with its landmark Brown v. Board of Education ruling desegregating schools, the justices were clearly mindful of
the grim reality that too many of the nation's public schools are failing to provide an adequate education for the
most vulnerable children. A 50% increase in real (inflation-adjusted) spending per pupil in the last two decades
has failed to deliver results. Since 1983, over 13 million children have reached the 12th grade not knowing how to
read at a basic level. Over 27 million have reached their senior year unable to do basic math. And those numbers
don't count the 30% of students who drop out of school before the 12th grade.

The court surprised many observers by writing a broadly written opinion that gathered the full support of five
justices. Unlike in the Mitchell decision in 2000 that upheld the use of federal funds for public entities lending
education materials to religious schools, Justice Sandra Day O'Connor did not dissent in part from yesterday's
ruling upholding school choice. This means that the opinion can be used as binding case law. The canard that
school choice programs are an impermissible breach of the wall of separation between church and state has now
been exploded.

Indeed, the court's majority used its opinion to tweak the dissenting justices for their fear of school choice. In
response to Justice Stephen Breyer's use of the specters of "divisiveness" and "religious strife" to bolster his view
that Cleveland's choice program was unconstitutional, Chief Justice William Rehnquist wrote: "It is unclear exactly
what sort of principle Justice Breyer has in mind, considering that the program has ignited no 'divisiveness' or
'strife' other than this litigation."

The court's ruling will have both practical and political effects. Jay Greene of the Manhattan Institute predicts the
decision "will affect the tenor of education policy for years to come." There is little doubt it will embolden states
such as Colorado and Texas to launch bolder school reforms, including targeted vouchers but also possibly tax
credits and an expansion of charter schools. Other states may now modify or repeal their constitutions to strip
out 19th century Blaine Amendments, which restrict aid to religious schools.

What the court's decision will not do is alter the implacable opposition of teachers unions to most forms of choice.

In 2000, Robert Chanin, general counsel of the National Education Association, warned that no matter what the
Supreme Court ruled, the union would challenge choice "on whatever grounds are available to us--from lofty
principles . . . to 'Mickey Mouse' procedural issues." Up to now, Mr. Chanin and his allies have been winning.

Minority voters are the most supportive of private options in education, but most won't vote for candidates on
that basis, limiting the appeal of the issue to conservative politicians. Meanwhile, many suburban voters remain
ignorant of school choice, complacently believing their local schools are wonderful or falsely fearing the changes
that school choice could bring.

But targeted school choice programs should nevertheless flourish. Today, almost every state uses public funds to
send special-education students to private schools if the public schools can't address their needs. A dozen states
will, at the request of principals, transfer disruptive students to private schools with strict disciplinary programs.
Expanding those programs could be popular, and could force public schools to improve their own performance to
compete.

"Candidates of all kinds will be much more willing to talk about dramatic school reform such as the Bush proposal
to give families tax credits if they feel compelled to leave a failing public school," says Ralph Reed, chairman of
Georgia's Republican Party. In intellectual circles one can expect to see some strange new respect for the lonely
band that championed school choice before it was cool: the Bradley and Olin Foundations, the Milton Friedman
Foundation, the Institute for Justice, businessman Pat Rooney and former Milwaukee School Superintendent
Howard Fuller.

The education establishment, which Bill Bennett once called the "blob," still dominates the political arena. But
Thursday's decision makes its hold on power a little more tenuous.

06/20/02: The Body' Bows Out --- American politics will be duller without Jesse Ventura06/06/02: It's time for President Bush to stand up to California's senators05/16/02: A Court Intrigue: Procedural funny business in a racial-preference case05/14/02: Thin moral ice: New revelations from a skater's Stasi files recall an oppressive era05/09/02: Newark, Zimbabwe!?05/02/02: Will Terror Leave Us No Choice? Teachers unions try to use Sept. 11 as an excuse for bad schools04/23/02: The New Nixon? Al Gore plots his comeback04/16/02: 'I, Uh, I Have No Comment': A union plays dirty in opposing an antitax initiative 03/31/02: Don't Just Do Something, Stand There!: Filibusters can help the Senate GOP get things done 03/14/02: Red-Light District: It's time to draw the line on gerrymandering02/21/02: Slippery Slope: Can Dick Riordan beat California's Democratic governor?02/14/02: Reform School: The Shays-Meehan incumbency protection act02/07/02: Arizona Highway Robbery: Politicians make a grab for campaign cash01/31/02: Disfranchise Lassie: Even dogs can register to vote. We need election reform with teeth01/17/02: Dr. King's Greedy Relations: Cashing in on a national hero's legacy01/10/02: Oil of Vitriol 01/04/02: The little engine that couldn't--and the senators who don't want it to12/24/01: E-mail and low-cost computers could be conduits for a learning revolution12/13/01: How Gore could have really won12/07/01: Let our students keep their cell phones12/04/01: Why the White House gave the RNC chairman the boot11/12/01: A Winsome Politician: She won an election in a majority-black district--and she's a Republican11/01/01: Bush Avoids Politics at His Peril 10/30/01: Cocked Pit: Armed pilots would mean polite skies10/24/01: Chicken Pox: Hardly anyone has anthrax, but almost everyone has anthrax anxiety10/11/01: Will Rush Hear Again? New technology may make it possible10/04/01: Three Kinds of pols08/24/01: Lauch Out: Who'll replace Jesse Helms? 08/08/01: Tome Alone: Clinton's book will probably end up on the remainder table08/03/01: Of grubbing and grabbing: Corporation$ and local government$ perfect "public use"07/31/01: Affairs of State: The Condit case isn't just about adultery. It's about public trust and national security07/14/01: The First Amendment survives, and everyone has someone to blame for the failure of campaign reform 07/12/01: He's Still Bread: Despite what you've heard, Gary Condit isn't toast --- yet07/12/01: Passing Lane: Left-wing attacks help boost John Stossel's and Brit Hume's audiences06/25/01: Man vs. Machine: New Jersey's GOP establishment is doing everything it can to stop Bret Schundler06/15/01: A Schundler Surprise? Don't count out "the Jack Kemp of New Jersey" 06/06/01: Memo to conservatives: Ignore McCain and maybe he'll go away05/29/01: Integrity in Politics? Hardly. Jim Jeffords is no Wayne Morse05/22/01: Davis' answer to California's energy crisis? Hire a couple of Clinton-Gore hatchet men05/07/01: Prematurely declaring a winner wasn't the networks' worst sin in Florida04/23/01: How to fix the electoral process --- REALLY!04/11/01: A conservative hero may mount a California comeback 03/30/01: Can the GOP capture the nation's most closely balanced district?03/09/01: Terminated 03/06/01: Leave well enough alone 02/22/01: Forgetting our heroes02/15/01: In 1978 Clinton got a close look at the dangers of selling forgiveness02/12/01: Clinton owes the country an explanation --- and an appology02/06/01: How Ronald Reagan changed America01/16/01: Why block Ashcroft? To demoralize the GOP's most loyal voters 01/15/01: Remembering John Schmitz, a cheerful extremist12/29/00: Why are all Dems libs pickin' on me? Dubya's 48% mandate is different than Ford's 12/13/00: Gore would have lost any recount that passed constitutional muster 11/13/00: The People Have Spoken: Will Gore listen? 10/25/00: She's really a Dodger 09/28/00: Locking up domestic oil? 09/25/00: Hillary gives new meaning to a "woman with a past"09/21/00: Ignore the Polls. The Campaign Isn't Over Yet